536
The Green Bag
have been at work in lowering the stand ards of the courts. Among these in
different judges; a corrected procedure, having adequate machinery for reaching
fluences are "the absence of a fixed
results at the earliest practicable moment, the abolition of unnecessary technicali
standard in the selection of the judici
ary; the overturning of ancient legal concepts with only a tardy substitution of newer and clearer modes of thinking; and the sudden increase in the mass of lit
igation-—co-operating with the natural frailties of human nature, carelessness, prejudice, and even corruption."
The two authors sent out 350 circu lars asking for replies to certain ques
ties and refinements, the total abolition
of legislative interference with procedure and the entire separation of the judicial from the legislative power, with the absolute power in the judiciary to regu late procedure." After summarizing some of the replies the authors continue:—
scientists, commissioners on uniform state laws, and other lawyers whose
“We chose no malcontents or rabid reformers or fanatics or recognized agitators, but confined ourselves to prominent and leading lawyers, to their supposedly intelligent and hard working juniors, to studious political scientists.
opinion would be likely to be unbiassed. Replies were received from a majority
and to commissioners on uniform state laws, and this is what we find by them
of the states, and though only about 16 per cent of the recipients answered, almost all the replies came from law yers in active practice and of high stand
spirit of reform.” Positive dissatisfaction with the admin
charged against present members 0i the judiciary :— “Intellectual and other incapacity; bad personal habits; improper politi cal activity; proneness to play politics; absence of a sense of obligation to their oflice, to the legal profession, to the public; that the judges confine themselves too closely by legal techni calities; that they hold cases too long; that they are lazy; that they are domi
istration of the law in nineteen states was
nated by local influence; that they are
tions with regard to conditions in the several states. The inquiries were ad
dressed to leaders of the bar, political
ing, some being of national reputation. "Their judgments bear the mark of care ful and conservative statement and not one of them seems to be the expression of a radical, or even of an aggressive,
expressed.
In the case of five other
lacking in legal ability, or are of less than average ability; that they are un
states, Connecticut, Georgia, Michigan, New York and South Carolina, there
duly active for re-election; that they
appeared to be a difierence of opinion.
permit tally unfit; delay; that thatthey theyare are influenced temperamen' by
Satisfaction with conditions in Arkansas, Florida, Maine, New Hampshire and West Virginia was expressed. Many interesting replies came from correspondents. Many suggestions for re form, for example,“came from New York,
such as a differentiation of the work of the courts (as is done already in New York County) by the institution of neg ligence calendars, commercial calendars and other calendars, presided over by
the judges in review of whose decisions they sit; that they misuse their patron age; that they are of mediocre or inferior
quality; that they are guilty of con duct worthy of criticism; that they are
grossly unfit (one complaint of unfitness because of habitual drunkenness was
made); that their individual judicial conduct has been the subject of scandal; that they are subject to corrupt influence;
